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UNITED STATES EX REL. TRANE CO. v. RAYMAR CONTRACTING CORP.

No. 62 Civ. 2245.

295 F.Supp. 234 (1968)

UNITED STATES of America, for the Use and Benefit of the TRANE COMPANY, Plaintiff, v. RAYMAR CONTRACTING CORP., Benjamin Gelman, doing business as Gelco Builders, Burjay Construction Corp., National Surety Corporation and the Hanover Insurance Company, Defendants.

United States District Court S. D. New York.

February 5, 1968.

Attorney(s) appearing for the Case

Schwartz, Weisberger, Leichter & Storch, New York City, for plaintiff; Irving Ronald Storch, New York City, of counsel.

Hart & Hume, New York City, for National Surety Corp. and The Hanover Ins. Co.,; Jack Hart, Lewis Stockman, New York City, of counsel.

Benjamin D. Share, New York City, for Benjamin Gelman, d/b/a Gelco Builders, and Burjay Construction Corp.

MEMORANDUM

MacMAHON, District Judge.

This is an action under the Miller Act brought by a supplier of materials to a defaulting subcontractor on a post office project against the prime contractor and sureties. The question for determination is whether the action is time-barred under the one-year limitation provision of the Miller Act, 40 U.S.C. § 270b.

The court finds that the following facts were...

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